Serving People Throughout Colorado
Call Us For Free Consultation:
Getting arrested can be a terrifying experience. The police hold a lot of power, but there are rights and protections you may not be aware of during the process.
Law enforcement may not always inform you of everything, and failing to know your rights can have serious consequences for your case. Our knowledgeable criminal defense attorney in Denver at The Law Offices of Steven J. Pisani is here to guide you through the complexities of the legal process.
Here are six key things the police often don’t want you to know during an arrest, and understanding these points could make a significant difference in your defense.
The most critical thing to remember during any interaction with the police is your right to remain silent. This is part of the Miranda Rights, established in Miranda v. Arizona (1966), which require the police to inform you of your right to remain silent and to an attorney. However, the police may engage in conversation to try and get you to talk, even after you invoke this right.
Many believe they must explain themselves or provide information to the police, but anything you say can be used against you in court. According to the Bureau of Justice Statistics, about 35% of all arrests lead to convictions largely due to self-incriminating statements made during police questioning. Always exercise your right to remain silent and immediately request a Denver criminal defense lawyer.
One of the most surprising things about police interactions is that they can legally lie to you during questioning. Law enforcement is trained to extract information by any means necessary, including deception. They may tell you that they have evidence against you or that your co-defendant has already confessed when that may not be the case.
This tactic is designed to get you to panic and confess, even if you are innocent. Having a defense lawyer in Denver by your side during any police questioning can prevent you from falling into these traps. Your attorney will ensure your rights are protected and guide you through the interrogation process.
During an arrest or traffic stop, the police may ask for permission to search your car, home, or belongings. What they might not tell you is that you have the right to refuse unless they have a valid search warrant or probable cause. If you give consent, any evidence found can be used against you in court.
In Colorado, as per People v. Sporleder (1984), warrantless searches are illegal unless under specific circumstances like consent or exigent situations. This means if the police ask you to search your property, you should politely decline until they present a warrant. If they proceed without a warrant, your Denver defense attorney can argue to suppress any evidence obtained illegally.
Many individuals don’t realize that they can challenge the legality of their arrest. If the police didn’t have probable cause or violated your constitutional rights during the arrest, the charges against you could be dismissed. For example, if the police stopped you without reasonable suspicion, as required by Terry v. Ohio (1968), any evidence obtained during that stop could be inadmissible in court .
Hiring a Denver defense attorney will help you examine the details of your arrest to determine whether your rights were violated. This could make a substantial difference in the outcome of your case.
If you’re pulled over for suspicion of driving under the influence (DUI), the police may ask you to perform a field sobriety test. While Colorado law requires you to submit to chemical testing (blood or breath test) under implied consent laws, you are not legally required to perform field sobriety tests. These tests are subjective, and failing them can be used as evidence against you in a DUI case.
In fact, studies show that even sober individuals fail field sobriety tests about 30% of the time . It’s wise to respectfully decline this test and request a Denver criminal defense lawyer as soon as possible.
After an arrest, the police are required to inform you of your right to an attorney. However, they may continue questioning you before you’ve had the opportunity to speak with a lawyer. This can be crucial in your case, as anything you say during this time could be used against you later.
Colorado law upholds that anyone facing criminal charges has the right to legal counsel, and invoking this right immediately is crucial. As soon as you ask for a Denver defense attorney, the police must stop their questioning until your lawyer is present. Your attorney will help protect your rights and ensure you don’t say anything that could harm your defense.
Understanding your rights during an arrest is vital to ensuring the best possible outcome in your case. The police may not always make these rights clear, which is why having a skilled criminal defense attorney in Denver on your side is so important.
From protecting you from self-incrimination to challenging the legality of your arrest, a Denver criminal defense lawyer from The Law Offices of Steven J. Pisani will work tirelessly to safeguard your rights.
If you or someone you know has been arrested, contact a knowledgeable defense lawyer in Denver as soon as possible to protect your rights and build a strong defense. Don’t wait—get the legal representation you deserve today.
